The Lawyer I Talked To Has No Support Staff!

I interviewed a personal injury lawyer about my truck wreck case the other day.  I met with him in his office and it looked like he worked all alone - no secretary, no paralegal, no other lawyers.  Is that something I should be concerned about? 

 

Concerned?  I don't know that I would go that far.  I do think that the absence of a support staff is a factor that you should consider in determining who you want to be your lawyer.

Lawsuits of any size are a team effort, and each person in the office plays an important role in helping preparing the case and maximizing the recovery for the client. Thus, I believe you should look at the other lawyers and staff in the office and determine whether they can work as a team to help you with your case.

For instance, in our larger cases we almost always have two or more lawyers working on every case. Why? Assigning two or more lawyers to every case means that if one lawyer is busy in trial or is out-of-state taking depositions in other cases work can still be done on your case.

We also employ others to help the lawyers pursue personal injury and wrongful death cases.  We have a paralegal assigned to each case.  We have a full-time medical records coordinates who orders and organizes medical records and billing.  We have a full-time nurse to help with medical issues.  And, we have an in-house accountant to help us manage the financial aspects of the case.

In conclusion, I believe that you should hire a law firm that has what a football coach would call “depth.”   While it is possible for one person to do all of the things that our team does for any given client, we believe that employing high-quality personnel improves the service our clients have a right to expect.

 

Should I Hire A Lawyer Who Says He Has An "In" With the Judge?

I talked to a lawyer about my automobile accident case and all he could talk about is his close relationship with the judge and how it would help me.  It sounded like I might get a better recovery if I hired this lawyer.  Should I? 

Lawyers who say such things are scumbags. 99.9% of judges would never allow their personal feelings for a lawyer to directly affect the outcome of the case. To do so would be unethical, and 99.9% of judges would never consider acting in such a fashion.

It is true, of course, that judges tend to respect lawyers who are prepared, who show up to court on time, who understand law and court procedure, and who answer the judge’s questions directly and honestly. And judges, like every other human, would tend to more readily accept the word of a lawyer who earned respect than a lawyer who demonstrated that he or she was not entitled to respect. But disregard the facts or the law simply because of a personal relationship? No, folks, it rarely happens.

Finally, think about it this way: If you were a judge and learned that your lawyer “friend” was going around telling people that he or she could improperly influence you in a case, how would you feel about it?

No, stay away from this type of lawyer. Like the lawyer who evaluates a case too early, this lawyer is trying too hard to get your case and, at the end of the day, you are very likely to be disappointed in the service you actually receive.

Will My Insurance Company Help Me Settle My Car Wreck Case?

I was involved in a car accident in Murfreesboro, Tennessee.  It was not my fault.  Will my insurance company help me settle my personal injury claim against the at-fault driver? 

No.  In fact, you may actually find yourself in an adversary position with your insurance company.

How can that happen?  If the driver that caused the wreck does not have sufficient liability insurance to pay you what you deserve for your personal injury claim, you may have to make a claim for uninsured or under-insured motorist insurance benefits.  

In Tennessee, the at-fault driver's  insurance company has no obligation to tell you how much insurance coverage is in pl ace.  Thus, it is very difficult to determine whether, at the end of the day, whether you will have to make a claim against your own insurance company.  If you must do so, your insurance company has a financial interest in the outcome of your case and thus will try to reduce the amount of money it has to pay to resolve your case.

 

 

Will My Davidson County, Tennessee Car Accident Case Be Settled or Tried?

I was involved in a car wreck in Davidson County, Tennessee.  I am thinking about filing a lawsuit, but really don't want to go to trial.  Will my case be settled or tried?

Well, if you have a valid case, you have a great deal of whether the case is settled or tried.  Insurance companies usually make an offer of some amount in every case with merit.   The issue is whether you will be offered a fair amount given your injuries and losses.  You can always accept less than a fair amount, but sometimes you have to go to trial before you can get the justice you deserve.

It is true that less than 10% of all personal injury and wrongful death cases in which a jury trial is sought result in an actual trial - in Davidson County or elsewhere in Tennessee.  But it is difficult to say whether any particular will or should be tried.

An experienced car accident lawyer can guide you through the litigation process.  Our firm offers free consultation in all types of personal injury and wrongful death cases and, in the event we accept representation of you,  we will represent you on a no recovery, no fee basis.

 

Number of Personal Injury And Wrongful Death Trials In Tennessee State Court

Here is a list of the number of jury trials in personal injury, wrongful death and other tort law trials in Tennessee for the fiscal year ended June 30, 2010 (the most recent year for which data is available):

Davidson County - 34

Montgomery County - 13

Robertson County - 0

Sumner County - 6

Macon County - 0

Trousdale County - 1

Smith County - 0

Wilson County - 3

DeKalb County - 0

Rutherford County - 16

Cannon County - 0

Bedford County- 3

Lincoln County- 0

Marshall  County- 0

Moore County - 1

Lawrence County - 1

Wayne County - 0

Giles County - 1

Franklin County - 4

Maury County - 2

Clay County - 0

Cumberland County - 0 

Putnam County - 11

White County - 0 

Pickett County - 0

Overton County - 0

Coffee County - 3

Hickman County -1

Perry  County- 0

Williamson County- 11

Lewis County- 0

Cheatham  County-2

Dickson County- 0

Houston County- 0

Humphries County- 0

Stewart County - 1

What's Wrong With Texting and Driving?

I don't see the big deal about texting and driving.  I do it all the time and have not been in a car wreck.

Then you have been lucky.  Not only is texting while driving illegal, but it greatly increases your risk of being involved in a car crash.

Studies report that reports that distracted driving is the No. 1 killer of American teens. Sixteen percent of all drivers younger than 20 involved in fatal crashes were reported to have been distracted while driving.

The Virginia Tech Transportation Institute reports that a texting driver is 23 times more likely to get into a crash than a non-texting driver. Additionally, 82 percent of young adult drivers (16-24) have admitted to reading a standard text message while driving, according to a national survey conducted by the Ad Council.

So, do not assume that your luck will continue.  

 

What is Does It Mean If A Lawyer is Listed in Super Lawyers?

I am looking for a lawyer and have come across the Super Lawyers website.  Should I look for a lawyer who is listed as a Super Lawyer? 

Super Lawyers is a relatively new publication to this area.  It provides this overview of its selection process:

 

Super Lawyers selects attorneys using a rigorous, multiphase rating process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys.The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.

More detail is available here.

Is it important?  Yes, but it is only factor you should consider in deciding which lawyer to hire in personal injury and wrongful death cases or, for that matter, any type of legal problem.  As an experienced personal injury attorney, I have been included on this list for years and, in fact, any listed as one of the top 100 lawyers in all practice fields in the state of Tennessee (there are over 18,000 lawyers in the state).  Nevertheless, I think there is a lot of other information you should consider before hiring a lawyer.

We have written this article to help you decide who to hire as your lawyer in a personal injury or wrongful death case.  We believe that you should review it carefully as you make this important decision.

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Car Hits Horse. Is There A Lawsuit?

I was driving on a country road late a night.  I came around a sharp curve at a reasonable speed and there was a black horse standing in the middle of the road.  I swerved to miss it, but hit it and then hit a rock wall on the side of the road.  My car was totaled and I was injured.  The man that owned the horse lived on the adjoining property.  Can I sue him for my injuries?  That horse should not have been on the road.

 You can sue him, but you will have to prove that he was negligent in controlling the horse.  Under the law  of Tennessee the horse must be fenced in but if there was a fence the landowner will claim that the fence was adequate and you have to prove the landowner was negligent.   

It will be important to hire an experienced personal injury lawyer as soon as possible to investigate this matter.  It will be important to document the condition of  any fence and to learn how the horse was able to escape.  It will also be important to learn with the horse or other farm animals roamed off the property in the past. 

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What Happens If There Are Multiple Victims and Limited Insurance Coverage?

I was in a a bad car accident involving a car and a truck.  Two people were hurt, and one person was killed.  The total liability insurance available is a single limit policy of  $300,000  and the at-fault driver does not have any assets.  The insurance company has offered the group of us $300,000. How will the money be divided?

Hopefully, the money will be divided by agreement without the need for litigation.  Those negotiating the case should be driven by what would happen if no agreement was reached.  In other words, people should negotiate with the idea of how a court would divide the money if there was a trial.

A court would divide the $300,000 on a pro rata basis depending on the value of the claim.   So, if all three claims had a total value of $3,000,000, each claimant would receive 10 cents on the dollar of his or her claim.  For example, if one claim was worth $500,000, that claimant would only receive $50,000  of the total monies available.

So, you can see why I said that the parties must negotiate with this in mind.  At the end of the day, no one will receive a just amount under these circumstances.  But the amount of injustice suffered by each party will be equal, that is, each party will get the same percentage reduction.

So, the controversy in settling these cases is determining the value of each case (which is frequently true) compounded by the knowledge that every party will receive an unjust amount.

I hasten to add that the situation gets more complicated if the insurance policy is a split limit policy such as a $50,000 / $100,000 policy.

My work as a car accident attorney and truck accident lawyer has lead to my involvement in many cases where multiple claimants were seeking recoveries from limited funds.  We offer free consultation in all personal injury and wrongful death cases.

 

Jury Trials In Nashville (Davidson County, Tennessee) in September 2011

As a Tennessee personal injury lawyer, I try to keep up with the results of personal injury and wrongful death jury trials in Davidson County (Nashville) and other cities in Tennessee.  

Here are the results of the personal injury trials in Davidson County, Tennessee during the month of September, 2011:

  • Automobile Accident Case - Verdict for the Plaintiff for $7500
  • Automobile Accident Case - Hung Jury
  • Civil Assault - Verdict for the Plaintiff for $100,000
  • Automobile Accident Case - Verdict for the Plaintiff for $7430
  • Automobile Accident Case - Verdict for the Plaintiff for $10,041
  • Medical Malpractice Case - Verdict for the Plaintiff for $1,004,817 

This information was collected by Clerk of Court.

What is a "Settlement Statement" in a Tennessee Personal Injury or Wrongful Death Case??

What is a "settlement statement" in a Tennessee wrongful death or personal injury case? 

A settlement statement, sometimes called by other names such as a "distribution statement,"  shows the receipt of monies by a lawyer as part of a settlement and then describes how those monies are paid to the client and others.

These type of statements have been used by good lawyers for years and are now required by the Rules of Professional Conduct applicable to Tennessee lawyers.  Here is the relevant  language of Rule 1.5 (c): "Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination."

So, assume that  personal injury case is settled for $50,000.  The settlement statement would show the receipt of those funds by the lawyer.  Then, it would set out how that money would be distributed.  Likely distributions would include:

  • repayment of money to a health insurer who paid medical bills in connection with the injuries in connection with the incident.
  • payment of any outstanding medical bills arising from the incident.
  • attorneys' fees
  • attorney expenses (for payment of expenses incurred in the prosecution of the case)
  • monies payable to the client.

It is possible that the settlement statement will show a reserve for additional expenses.  For example, assume that the lawyer took a deposition in the case shortly before the case settled buy has not received a bill from the court reporter who took the deposition.  The lawyer may estimate the amount of the bill and withhold that money from the settlement proceeds.  After the court reporter bill is received and paid, the lawyer should refund any remaining funds to the client.

You should review your settlement statement and make sure you understand the use of the proceeds of your settlement.  An experienced personal injury attorney will be able to explain each of the entries to you.

What Is The Maximum Fee A Lawyer Can Charge in A Wrongful Death Case?

What is the maximum fee a lawyer can charge in a wrongful death case in Tennessee?

In medical malpractice cases (now formally called "health care liability" cases after a change in the law effective October 1, 2011) the maximum contingent fee a lawyer can charge is 33 and 1/3 rd percent.  In other words, the lawyer can enter into an agreement with you to charge 1/3rd of the recovery he or she is able to make on your behalf.

In all  types of personal injury and wrongful death cases no statute limits or otherwise sets the amount of the contingent fee.  The amount of the fee is set by agreement between the lawyer and the client. The rules of professional conduct for lawyers require that a contingent  fee agreement be in writing.

There is an ethics rule for lawyers that requires that fees for all legal services be "reasonable."  Rule 1.5 of the Rules of Professional Conduct applicable to Tennessee attorneys requires as follows:

 

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How Do Lawyers Use Interrogatories?

I am involved in a lawsuit and I had to answer interrogatories.  How do lawyers use interrogatories at trial?

Interrogatories are written questions sent from one party in a lawsuit to an opposing party about issues related to the lawsuit.  For example, in a lawsuit arising from a motor vehicle collision, each driver may send interrogatories to the other ask for driving histories, including whether the opposing driver has ever received a driving citation. The party responding to interrogatories must sign a statement swearing or affirming that the responses to the interrogatories are true.

How are answers used at trial?   Assume for example that you were served with an interrogatory that asked if you were aware of any witness to the car wreck involved in the case.  Assume that you said in answer to the interrogatory that  you were not aware of any witnesses, but then attempted to call an eyewitness at trial.  Unless the opposing party had knowledge of the eyewitness by some other means, the trial judge may well exclude the eyewitness from testifying at trial because you did not include the name and address of the eyewitness in your interrogatory answers.  

There are many other examples.  For instance, if you are asked and fail to disclose a prior criminal conviction, the fact that you did not tell the truth in answering interrogatories can be used at trial.

Interrogatories are an important part of the civil litigation process.  Complete, truthful responses to interrogatories is very important.

Why Won't a Lawyer Take My Case?

I believe  I have a valid medical malpractice case.  A nurse put an IV in wrong, my arm swelled up with fluid, and it really hurt.  I'm alright now, but my arm hurt really bad for almost a week.  But no lawyer will take my case.  What's going on? 

My guess is that no lawyer will take  your case because the damages - pain and suffering for about a week - are so small that the cost of bringing the case is too great in relation to its value.

To prove your case, a nurse would have to testify that the nurse who cared for you made a mistake that should have been avoided.   Then, a doctor would have to testify that nurse's error caused you an injury and resultant pain.

The cost of hiring these experts to testify would be several thousand dollars.  No reasonable lawyer would bear those expenses given the injury that you suffered for the short period of time you had the problem.

Is this fair?  Perhaps not.  But my guess is that you are asking a lawyer to accept this case on a contingent fee basis rather than an hourly fee basis.  If my guess is correct, remember that a contingent fee lawyer will usually only accept those cases that (a) there is a reasonable likelihood of success and (b) the contingent fee likely to be earned will give the lawyer fair compensation for the time the lawyer invests into the case.   

Is The State of Tennessee Liable for Punitive Damages?

I was hurt in a car wreck.  The wreck was caused by a state employee driving at a very high rate of speed during work hours.  The employee was working at the time of the wreck. The officer told me that the state employee's conduct was reckless.  Can I recover punitive damages in a claim against the State of Tennessee? 

No.  Tennessee law permits you to sue the State of Tennessee when one of its employees negligently causes a car wreck and resulting property damage and injuries, but claims for punitive damages are not permitted under any circumstances.  This is true even if the conduct is reckless and you would have been able to collect punitive damages if the wreck  had been asserted against a private individual.

Compensatory damages may be sought, but they are limited to $300,000 per person and no more than $1,000,000 per incident.

Claims against the State of Tennessee must be filed with the Claims Commission and not in Circuit Court.  You are urged to consult an attorney experienced in bringing claims against the State of Tennessee as soon as possible.

Does My Employer Have To Pay My Medical Bills If I Get Hurt On The Job?

I am a truck driver  with a big trucking company in Clarksville, Tennessee.  I hurt my back unloading a truck.  The doctor says that I need an MRI but my boss says they are too expensive.  Does my employer have to pay for the MRI? 

If the company doctor says you need a particular test or treatment, you are almost certainly entitled to it.  Employers are obligated to pay all reasonable medical care for employees who are hurt on the job. It will be very hard to argue that he doctor selected by your employer to care for you has unreasonably suggested that you need a MRI.

An experienced worker's compensation attorney can help you get the medical care you deserve and, if you have a long-term problem as a result of your injury, help you receive benefits for permanent partial disability. 

Can I Sue the Store That Sold Me A Defective Product That Hurt Me?

 I bought a blender at a local retail store.  The first time I used it the glass container exploded and sent glass all over my kitchen, and into my arm, face and chest.   I told the store and they said they would give me a new one.  I don't want a new blender - I want my medical bills paid and I want plastic surgery to reduce the severity of the scars on my face.  Can I sue the store?

Maybe. First, it makes a difference whether you were injured before October 1, 2011.  If you were injured before that date, you may be able to assert a claim for breach of warranty against the store that sold you the blender.

If you were injured on or after October 1, 2011, you can't sue the store unless (a) the store damaged the blender and caused the problem; (b) the manufacturer has been declared insolvent or (c) the manufacturer cannot be sued in Tennessee.  As you can see, the new law makes it harder for Tennessee consumers to sue retailers who sell defective or unreasonably dangerous products.

You need to consult a Tennessee products liability lawyer as soon as possible.  Any lawsuit you wish to file must be filed before the one year anniversary of your injury.

My Medical Insurance Company Wants Money From My Tennessee Car Accident Settlement

I just settled my personal injury case and my lawyer told me that I have to re-pay my medical insurance company the amount they paid for my medical bills from the accident.  That doesn’t seem fair.  Is my lawyer right?

Your lawyer is probably right.  Most medical insurance policies have what are known as subrogation  or reimbursement clauses.  These insurance policy provisions  mean that if you get hurt and collect medical bills paid by your insurance company from the person who hurt you your insurance company gets paid back. 

If your insurance through a government-sponsored program like Tenncare or Medicare you also have a responsibility to re-pay the government out of any settlement you receive as a result of a car accident.

Sometimes a lawyer can persuade an insurance company or the government to accept less money than the company actually paid for your bills.  Whether this can be done depends on the type of insurance policy you have, the language of the policy, and various other factors. 

Good lawyers tell their personal injury clients about the probability of having to re-pay the health insurer  when they are initially hired in the case.  There is no reason why a client should learn about the obligation to re-pay a health insurer after a settlement is reached.

Our lawyers have represented people in Tennessee car accidents for 30 years.  If you want a free consultation with a Nashville car wreck lawyer call me 615.742.4880 or toll free at 866.812.8787. 

What Does "No Recovery, No Fee" Mean?

I was in a truck wreck in Clarksville, Tennessee and need a lawyer.  What does "no recovery no fee" mean? 

Lawyers who represent people in car wreck and truck wreck cases (as well as most other personal injury or wrongful death cases) often work for a contingent fee.  A "contingent fee" means that lawyer takes a percentage of the money he or she is able to get for you from the at-fault driver's insurance company.  If you don't win the case, the lawyer charges no fee.

Most lawyers also charge the client for the expenses they incur in the prosecution of the case.  Learn more about the types of expenses that are incurred by reading this Legal Guide.

Some lawyers charge the clients for expenses if the case is lost.  Other lawyers do not charge for expenses if the case is lost.  If the lawyer does not charge a fee and waives recovery of expenses if the case is unsuccessful then the client has absolutely no financial obligation to the lawyer if the case is lost.

Our firm handles the vast majority of its personal injury and wrongful death cases on a contingent fee basis.  We also keep up with the expenses we incur and are repaid those expenses out of any recovery we get for our client.  We usually waive those expenses in the event the case is unsuccessful.  The terms of our representation are set out in a written fee agreement.

What is A Confidentiality Agreement?

I have read this stuff about Herman Cain and the claims of sexual harassment against him.  I also heard that there was a confidentiality agreement as part of the settlement with the woman or women.  What is a confidentiality agreement?

A confidentiality agreement is a part of some settlement agreements in some types of civil litigation.  Typically, confidentiality agreements prohibit the parties from discussing the terms of the settlement with any one other than attorneys and financial advisors.  Confidentiality agreements may also include anti-disparagement provisions, which means that each of the parties to the agreement are prohibited from saying disparaging things about the other parties.  It is not uncommon for these agreements to provide that the parties are cannot talk about the facts giving rise to suit, the lawsuit itself, or the terms of the settlement, but can say that "the case was settled on terms mutually acceptable to all concerned" or words to that effect.

Confidentiality agreements are common in settlements of medical malpractice cases, products liability cases, employment cases, and very large personal injury and wrongful death cases.  They are used in other types of cases as well. 

Defendants (the people or corporations sued) want confidentiality provisions because they don't want the plaintiff (the person who brought the suit) to talk about the case in a way to get media attention.  Thus, confidentiality  agreements are used to shield wrongdoing from the public eye.   The plaintiff has little choice but to sign these agreements.

Confidentiality agreements often  bar the plaintiff's lawyer from discussing the case or settlement.   Once again, the plaintiff's lawyer had virtually no choice in this  matter because it is in the best interest of his or her client to resolve the case.  This means that lawyers who handle complex cases and get outstanding results are usually prohibited from talking about the details or the results in those cases.

On Monday I suggested on the blog I write for lawyers (Day on Torts) that Herman Cain release the woman or women that signed the confidentiality statements from their obligations under those agreements.  I have no idea whether Mr. Cain did anything wrong.  However, it is unwise (and unfair) for him to state his version of the events without the public hearing the other side of the story.  One woman wants to be heard.  

In my opinion, Mr.Cain will make a big mistake if he does not permit her to tell her side of the story.  He has mis-handled this issue from Day One, and he needs to get all of the facts out there as soon as possible to attempt to solve this problem.

My Mother Was Given A Drug Overdose In A Nursing Home!

My mother was in a nursing home for rehabilitation after hip replacement surgery.  She was given a double-dose of blood thinner and had a stroke.  Now, she will be in a nursing home the rest of her life.  What are her rights? 

The answer to those question can be fully answered only after a review of relevant medical records and consultations with one or more doctors and other health care professionals.

An experienced medical malpractice lawyer will want evaluate those records and talk with the health care professionals to confirm that given the extra dose was medical negligence and that it actually caused your mother's stroke.  

Then, this attorney will also want to understand how this stroke is going to effect your mother's quality of life and her future medical expenses.

No experienced medical malpractice attorney will be able to tell you whether your mother has a valid case without doing to work mentioned above.  If a lawyer offers you an opinion about your case without doing this work I recommend you find another lawyer - immediately.  Medical malpractice cases are very complicated and a lot of work must be done before an a valid opinion can be given on a case.

To learn more about medical malpractice cases, read our Legal Guide 'Understanding Medical Malpractice Cases in Tennessee."

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Fire in the Operating Room Results in Burn Injury

My neighbor was burned when she being operated on in a hospital.   How did that happen?  Can these type of fires be prevented?

Approximately 600 - 650  people are injured each year in operating room fires.  Consequences of a surgical fire can be deadly or leave people with horrible pain and disfiguring scars. Fires can occur in any setting where invasive surgical procedures are performed. Experts indicate that the basic principle to remember is that people start most fires, and people can prevent them.

This has been a problem for many years.  This article from a 1994 edition of Today's OR Nurse tells us that (1) Every operating room has the elements necessary to start a fire: oxidants (O2, N2O), ignition sources, and fuel;  (2) A team approach, including nursing, anesthesia and surgery members, should be used in assessing fire safety in the operating room; (3) Staff knowledge of fire safety can be assessed by written tests. An appropriate fire safety program can be developed based on the test results; (4) Fire evacuation drills and hands-on use of fire extinguishers should be included in any OR fire safety program.  Now, almost 20 years later, fires continue to occur.

In October 2011  the FDA launched a new initiative to prevent surgical fires, noting that though these are rare events, they are also highly preventable. The agency convened a special workshop to look for ways to stop fires from ever happening and to give medical personnel the tools and knowledge needed to deal with a fire if one occurs.

The FDA reports that

The Anesthesia Patient Safety Foundation (APSF) says the vast majority of these fires are preventable. With the assistance of ECRI Institute, APSF recently produced a video about why operating room fires occur and the "best practices" to keep them from happening. The video describes the "Surgical Fire Triangle", when an ignition source, a fuel, and oxygen come together.

APSF says that the majority of OR fires occur when high oxygen concentrations are present, particularly in procedures involving the head, neck and upper chest.
An enriched oxygen environment occurs when the concentration of oxygen exceeds that of ordinary room air. APSF says that it is vital for OR personnel to consider whether supplemental oxygen is really necessary for each patient, and describes precautions to take if it is. For example, avoid using an open delivery source such as a nasal cannula.

Ignition sources, like electrosurgical pencils and lasers, form another leg of the "Surgical Fire Triangle". Fuel sources, such as drapes and alcohol-based prep solutions, complete the triangle.

The Anesthesia Patient Safety Foundation (ANSF) has produced an 18-minute long video, Prevention and Management of Operating Room Fires, which was released in February 2010.  Watch the video here.

The ANSF says as follows:

The most notable finding when cases of operating room fires are reviewed is that most if not all are preventable! This video is intended to promote the best practices known to prevent the potentially devastating complication of a fire in the operating room. Each member of the operating room care team has a role to play in preventing operating room fires. The following commentaries are intended to put the recommendations in the video into the context of current practice.

The ANSF tells anesthesia professionals that:

Minimizing or eliminating enriched oxygen delivery is fundamental to preventing operating room fires. An increased oxygen concentration in the surgical field is either a direct cause or a significant factor in many operating room fires - particularly procedures involving the head, neck, and upper chest.

The recommendation to eliminate open delivery of oxygen when sedating patients is the most striking practice change advocated in the fire prevention video. This is particularly a consideration for anesthesia professionals since they typically control oxygen administration. For most anesthesia professionals, oxygen administration by nasal cannula or mask (open oxygen delivery) is routine when providing sedation, and is a fundamental strategy for preventing hypoxemia. The recommendations in the video can help the anesthesia professional balance the risks and benefits of oxygen delivery for the individual patient. For patients in whom an increased oxygen concentration cannot be avoided, the video describes strategies that can minimize the risk of an operating room fire. 

 

Surgeries performed by ENTS (otolaryngologists) are associated with the greatest risk of fire. Why?  The ANSF says that "[m]ost procedures by otolaryngologists are associated with a fire risk due to the close proximity to the airway where oxygen enriched gases and/or nitrous oxide are often present, and the use of surgical devices which can ignite a fire. Endoscopic airway surgery, oropharyngeal surgery, cutaneous surgery of the head and neck and tracheostomy all present a risk of operating room fire for the Otolaryngologist."  The ANSF has provided ENTS with tips on how to avoid burn  injuries to patients.

It is important for anyone who receives serious burn injuries as a result of a operating room fire to seek the advice of an experience burn injury lawyer as soon as possible.  Our office offers free consultation in burn injury cases (as well as all types of personal injury and wrongful death cases) and will accept cases on a contingent fee basis.  You can contact me at 615.742.4880 or toll-free at 877.812.8787.

A Lawyer Wrote in His Blog About My Car Accident!

I was in a car accident on Interstate 24 near Murfreesboro a few weeks ago.  I was in the hospital for a few days and when I got home I had to miss several weeks of work.  I was playing around on the Internet to see if there was anything on there about my wreck (traffic was messed up for two hours) and I discovered a lawyer had written about my wreck.  My name wasn't used but all of the other details were there.  Why is he doing that?

This lawyer is doing two things.  First, he is hoping that you will Google your accident, find his post, and then hire him to help you (or the other driver) with all any potential lawsuit.

Second, this attorney  is trying to put something on his blog to keep it current in the hope that it will rank higher in search engines like Google.  Google likes new content.  So, rather than write something substantive that actually will do readers some good, these lawyers write about accidents.  In fact, some of these posts are not written by the lawyer at all.  Some lawyers hire ghost-writers to write blog posts to create "content" and make Google think that their blog has some substance.

If this wreck was not your fault and you need a lawyer to help you should you hire such a lawyer?   I would suggest that  the factors you should consider are set forth our Legal Guide titled "Understanding How to Hire A Lawyer in a Personal Injury or Wrongful Death Case."

After you review the factors outlined in our Legal Guide, I think you will agree with me that a blog post about your wreck is certainly not a factor in your decision of who to hire as your lawyer.

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About John A. Day

I am a fifty-three year old lawyer who is fascinated by the law of torts. I have studied the field for over twenty-nine years. I represent plaintiffs in personal injury and wrongful death cases.

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